Ordinance 2010-16
1
ORDINANCE NO. 2010-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE,
VOLUMES 1 AND 2, WITH THE CALIFORNIA FIRE CODE, CALIFORNIA
CODE OF REGULATIONS TITLE 24, PART 9, WITH APPENDICES B, C
AND J, INCLUDING LOCAL AMENDMENTS AND AMENDING TO
SECTION 10.10 and 10.11 OF CHAPTER 10 OF THE GILROY CITY CODE.
WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of the
California Fire Code shall be submitted to the City Council for adoption subject to local
modifications and changes; and
WHEREAS, the latest edition of the California Fire Code is the 2009 International Fire
Code with amendments adopted by the State of California as the 2010 California Fire Code; and
WHEREAS, California has adopted the 2010 California Fire Code with amendments as
part of the California Building Standards Code Title 24, Part 9; and
WHEREAS, California Health and Safety Code section 17958 authorizes a city or county
to make changes in provisions published in the California Building Standards Code or other
regulations, but specifies that if a city or county does not amend, add, or repeal ordinances or
regulations to impose those requirements or make changes or modifications in those
requirements upon express fmdings, the provisions published in the California Building
Standards Code or other promulgated regulations shall be applicable to the city or county and
shall become effective 180 days after publication, which date of effectiveness is January 1, 2011;
and
WHEREAS, California Health & Safety Code section 17958.5 authorizes a city or county
to make changes or modifications in the requirements contained in the provisions of the
California Building Standards Code and other adopted regulations if the city or county
ORDINANCE NO. 2010 -16
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determines that the changes or modifications are reasonably necessary because of local climatic,
geological or topographical conditions; and
WHEREAS, California Health & Safety Code section 13143.5 authorizes a city or
county, by ordinance, to make changes or modifications that are more stringent than the
requirements published in the California Building Standards Code relating to fire and panic
safety and certain other regulations; and
WHEREAS, the Silicon Valley area, which includes this City, is within a very active
seismic area and local soil conditions can be highly expansive and are prone to shrink and swell
during seasonal drying and wetting; and
WHEREAS, portions of the City are in hillside areas that are hazardous fire areas that
have only limited fire suppression forces and facilities available for the protection of life and
property; and
WHEREAS, city fire protection and suppression services for buildings are limited and
therefore require supplemental fire suppression services such as automated fire sprinkler
systems; and
WHEREAS, the City has local climatic considerations including temperatures ranging
from below freezing to over one hundred degrees, local geological considerations including the
presence of seismic activity and expansive clay soils, and local topographical considerations
including extensive hillside construction that is prone to erosion; and
WHEREAS, the City has participated in a County-wide effort over many months to make
uniform amendments to the 2009 International Fire Code with 2010 California Fire Code
amendments, throughout the cities in the county that share similar local climatic, geological and
topographical considerations; and
ORDINANCE NO. 2010 -16
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WHEREAS, the City Fire Chief and staff recommend that some local amendments to the
2009 International Fire Code and 2010 California Fire Code are necessary as are set forth herein;
and
WHEREAS, a duly noticed public hearing was held prior to the adoption of this 2009
International Fire Code with 2010 California Fire Code amendments and local amendments
thereto by the City Council on November 1,2010; and
WHEREAS, the adoption of this Ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a); and
WHEREAS, the City Council has reviewed all of the written materials and considered all
of the oral testimony presented to it on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
This Ordinance shall be known and cited as the City of Gilroy Fire Code.
SECTION II
The City of Gilroy does adopt by reference that portion of the International Fire Code,
2009 Edition, volumes 1 and 2, including Appendix Chapters B, C and J, together with the
California Fire Code 2010 Edition and Errata, with modifications, additions and changes
recommended by the Fire Chief as set forth in Section III of this Ordinance.
Section 10.9 of Article II of Chapter 10 of the Gilroy City Code is hereby amended to
read:i
ORDINANCE NO. 2010 -16
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Sec. 10.9 Fire Code Adopted.
There is hereby adopted by the City Council for the purpose of prescribing
regulations and governing conditions hazardous to life and property from fire or
explosion, and providing penalties for the violation thereof that certain code
known as the International Fire Code with the California Fire Code amendments
to apply in the City of Gilroy.
The latest edition of the above codes, together with any changes or
modifications that are more stringent than the requirements published in the
California Building Standards Code relating to fire and panic safety and other
regulations shall be submitted to the City Council from time to time for approval
by the Council by ordinance. A copy of the ordinance shall be kept on file in the
office of the Fire Chief and office of the City Clerk for public review.
Section 10.10 Fire code appendix amendments.
Adopt by reference Appendices B, C and J.
Reason: These appendices are consistent with the Codes and Standards used. These
appendices were adopted on a county-wide basis. The prior language amending Appendix
Chapter 1 is no longer needed as the CFC has brought this section into the regular
Chapter 1 sections. Appendix Chapter 1 no longer exists.
SECTION III
(1) AMEND THE 2009 IFC/2010 CFC SECTION NO. 101.1 IN ITS ENTIRETY TO
READ AS FOLLOWS:
101.1 Title. These regulations shall be known as the Fire Code of the City of Gilroy,
herein referred to as 'this code'.
REASON FOR AMENDMENT: The model code requires the local agency to insert
appropriate language to identify this as the Gilroy Fire Code.
(2) AMEND THE 2009 IFC/2010 CFC SECTION NO. 103.1 IN ITS ENTIRETY TO
READ AS FOLLOWS:
103.1 General. The Fire Marshal carries out the functions of the fire code official on
behalf of the Fire Chief and implements, administers and enforces the provisions of this
code. The Fire Marshal's office is established within the City of Gilroy as the office of
Fire Prevention and is located in the Building, Life and Environmental Safety Division, of
the Community Development Department.
ORDINANCE NO. 2010 -16
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REASON FOR AMENDMENT: The model code requires the local agency to insert
appropriate language. The language provided is consistent with the current structure of the Fire
Marshal function in Gilroy. This maintains the current status of the fire prevention program.
(3) AMEND THE 2009 IFC/2010 CFC SECTION NO. 108.1 IN ITS ENTIRETY TO
READ AS FOLLOWS:
108.1 Board of appeals established. The Building Board of Appeals appointed by the
City shall act as the Building Board of Appeals for this code.
REASON FOR AMENDMENT: The model code requires the local agency to insert
appropriate language. The language provided is consistent with the current code and processes
for the appeals process in Gilroy.
(4) AMEND THE 2009 IFC/2010 CFC TABLE 105.6.8 IN ITS ENTIRETY TO READ AS
FOLLOWS:
TABLE 105.6.8
PERMIT AMOUNTS FOR COMPRESSED GASES!
TYPE OF GAS AMOUNT (cubic feeti~
X 0.0283 for m"'
Corrosive 200
Flammable (except cryogenic and liquefied petroleum gases) 200
Hliduy toxic Any amount
Inert and simple asphyxiant 200
Irritant 200
Moderately toxic 20
Other health hazards 200
Oxidizing (including oxygen) 200
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
For SI: 1 cubic foot = 0.02832m3.
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and
exceptions.
2 Cubic feet measured at normal Temperature and pressure.
REASON FOR AMENDMENT: To maintain the current permit structure used to regulate
compressed gases and to stay consistent with the hazardous materials requirements of the CUP A
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program under the California State Health and Safety Codes. This is also a County-wide
amendment.
(5) AMEND THE 2009 IFC/2010 CFC, TABLE 105.6.10 TO READ IN ITS ENTIRETY
AS FOLLOWS:
TABLE 105.6.10
PERMIT AMOUNTS FOR CRYOGENIC FLUIDS
INSIDE OUTSIDE
TYPE OF CRYOGENIC FLUID BUILDING BUILDING
(2allons) (2allons)
Flammable More than 1 55
Inert 55 55
Oxidizing (includes oxygen) 10 50
Physical or health hazard not indicated Any Amount Any Amount
above
For SI: 1 gallon = 3.785 L
REASON FOR AMENDMENT: To maintain the current permit structure used to regulate
cryogenic materials and to stay consistent with the hazardous materials requirements of the
CUP A program under the California State Health and Safety Codes. This is also a County-wide
amendment.
(6) AMEND THE 2009 IFC/2010 CFC SECTION 105.6.20 TO READ IN ITS ENTIRETY
AS FOLLOWS:
105.6.20 Hazardous Materials. An operational permit is required to store, transport on
site, dispense, use or handle hazardous materials in excess of the amounts listed in tables
105.6.8, 105.6.10, 105.6.20. This includes radioactive materials with more than one
microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or
more than 1 millicurie (37,000,000 becquerel) of radioactive material in a sealed source
or sources, or any amount of radioactive material for which a specific licenses from the
Nuclear Regulatory Commission is required. Also included are any materials deemed by
the State of California to be listed on a hazardous materials business plan pursuant to
Chapter 6.95 or defined as hazardous wastes in the California Code of Regulations (CCR)
Tilte 22.
REASON FOR AMENDMENT: To maintain the current permit structure used to regulate
radioactive materials and to stay consistent with the hazardous materials requirements of the
CUP A program under the California State Health and Safety Codes. This is also a County-wide
amendment.
ORDINANCE NO. 2010 -16
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(7) AMEND THE 2009 IFC/2010 CFC TABLE 105.6.20 TO READ IN ITS
ENTIRETY AS FOLLOWS:
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS!
TYPE OF MATERIAL AMOUNT
Carcinogens 10 pounds
Combustible liquids
Inside 25 gallons
Outside 55 gallons
Corrosive materials:
Gases See Table
105.6.8
Liquids 55 gallons
Solids 500 pounds
Cryogens See Table
105.6.10
Explosive materials Any Amount
Flammable materials:
Gases See Table
105.6.8
Liquids See Section
105.6.16
Solids 10 pounds
Highly toxic materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-II Any Amount
Liquids: Class III 1 gallon
Liquids: Class IV 2 gallons
Liquids: Class V No Permit
Required
Solids: Class I-II Any Amount
Solids: Class III 10 pounds
Solids: Class IV 20 pounds
Solids: Class V No Permit
Required
Oxidizing materials:
Gases See Table
ORDINANCE NO. 2010 -16
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TYPE OF MATERIAL AMOUNT
105.6.8
Liquids: Class 4 Any amount
Liquids: Class 3 1 gallon
Liquids: Class 2 10 gallons
Liquids: Class 1 55 gallons
Solids: Class 4 Any amount
Solids: Class 3 10 pounds
Solids: Class 2 100 pounds
Solids: Class 1 500 pounds
Other health hazards:
Liquids 55 gallons
Solids 500 pounds
Pyrophoric materials:
Gases Any amount
Liquids Any amount
Solids Any amount
Radioactive materials:
Gases Any Amount
Liquids See Section
105.6.20
Solids See Section
105.6.20
Toxic materials:
Gases See Table
105.6.8
Liquids 10 gallons
Solids 100 pounds
Unstable (reactive) materials:
Liquids
Class 4 & 3 Any Amount
Class 2 5 gallons
Class 1 10 gallons
Solids
Class 4 & 3 Any Amount
C1ass2 50 pounds
Class 1 100 pounds
Water-reactive materials:
Liquids
Class 3 Any amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
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TYPE OF MATERIAL
AMOUNT
50 pounds
500 pounds
Class 2
Class 1
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
REASON FOR AMENDMENT: To maintain the current permit structure used to regulate
hazardous materials, and to stay consistent with the hazardous materials requirements of the
CUP A program under the California State Health and Safety Codes. This is also a County-wide
amendment.
(8) AMEND THE 2009 IFC/2010 CFC SECTION 105.7.25 TO READ IN ITS ENTIRETY
AS FOLLOWS:
105.6. 25 Lumber yards and wood working operations. An operational permit is
required for the storage or processing of lumber exceeding 100,000 board feet per year or
to conduct woodworking operations involving mass production or involving more than
one of each type of machine, or where machines are used continuously (as opposed to
intermittently) or substantial products of sawdust may be a problem. See Chapter 19.
REASON FOR AMENDMENT: The underlined text is a Gilroy amendment to maintain and
continue the existing permit process in order to regulate combustible dust producing
woodworking operations as described in Chapter 19 of the Fire Code.
(9) AMEND THE 2009 IFC/2010 CFC SECTION 105.6.46 TO READ IN ITS ENTIRETY
AS FOLLOWS:
105.6.46 Wood products. An operational permit is required to store chips, hogged
material, lumber, plywood, logs, firewood or pallets in excess of 200 cubic feet (6m3).
REASON FOR AMENDMENT: The underlined text is a Gilroy amendment to include large
quantities of wood including logs, firewood and pallets to the scope of wood products that can
pose serious fire fighting problems. This clarifies that wood products would include logs,
firewood, and pallets in excess of 200 cubic feet.
(10) AMEND THE 2009 IFC12010 CFC SECTION 105 BY ADDING SECTION 105.6.48
TO READ IN ITS ENTIRETY AS FOLLOWS:
105.6. 48 Vacant or abandoned premises. An operational permit is required for a fire
safety evaluation, inspection and preplan program for premises, including the ground,
structures or buildings as described in Section 311 of this code.
ORDINANCE NO. 2010 -16
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REASON FOR AMENDMENT: This is a Gilroy amendment to provide for a permit process
for inspection and review of premises that are left vacant for long periods. The International Fire
Code provides that the property owner maintain the property, including fire protection systems.
However there is not a process established within the code to implement the requirements. This
amendment will provide for the Fire Marshal's office to administer these requirements under a
permit process. This is primarily intended for large buildings that are left vacant and subject to
vandalism and unauthorized uses. It would then provide for the Fire Marshal's office to conduct
periodic safety inspections and to provide preplan and contact information for the Fire
Department in case of emergencies. Buildings such as the former Wal-Mart building, vacant
warehouses owned by Union Pacific Railroad and the former Indian Motorcyle/Nob Hill on 10th
Street are examples of buildings that have been vacated and are constantly found to have
vandalism and safety issues, including fire system shut off, actual frres and dumping.
(11) AMEND THE 2009 IFC/2010 CFC SECTION NO. 109.3 TO READ IN ITS
ENTIRETY AS FOLLOWS:
109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under the provisions of this code, shall be guilty
of a misdemeanor; provided, however, that where the City Attorney or his or her duly
authorized agents has determined that such action would be in the best interest of justice,
the City Attorney may specify in the accusatory pleading, citation or amendment thereto
that the violation shall be prosecuted as an infraction. Infraction fines are implemented
pursuant to Gilroy City Code Section 1.7. Each day that a violation continues after due
notice has been served shall be deemed a separate offence.
REASON FOR AMENDMENT: To identify the method and types of enforcement processes
to be used to enforce the code. The model code requires the local agency to insert appropriate
language. The language provided is consistent with the current code and procedures.
(12) AMEND THE 2009 IFC/2010 CFC SECTION NO. 202 BY ADDING NEW
DEFINITIONS TO READ AS FOLLOWS:
CARCINOGEN is a substance that causes the development of cancerous growths in living
tissue. A chemical is considered a carcinogen if:
1. It has been evaluated by the International Agency for Research on Cancer and
found to be a carcinogen or potential carcinogen, or
2. It is listed as a carcinogen or potential carcinogen in the latest edition of the
Annual Report on Carcinogens published by the National Toxicology program,
or
3. It is regulated by OSHA as a carcinogen.
ORDINANCE NO. 2010 -16
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DEVICE. Device is an appliance or piece of equipment that plays an active part in the
proper functioning of the regulated systems. Examples include, but are not limited to the
following: smoke detectors, heat detectors, flame detectors, manual pull stations, horns,
alarms, bells, warning lights, hydrants, risers, FDCs, standpipes, strobes, control panels,
transponders, and other such equipment used to detect, transmit, initiate, annunciate, alarm,
or respond according to the system design criteria.
OTHER HEALTH HAZARD MATERIAL is a hazardous material which affects target
organs of the body, including but not limited to, those materials which produce liver
damage, kidney damage, damage to the nervous system, act on the blood to decrease
hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities,
including mutations ( chromosomal damage) or teratogens (effect on fetuses).
SENSITIZER is a chemical that causes a substantial proportion of exposed people or
animals to develop an allergic reaction in normal tissue after repeated exposure to the
chemical.
WORKSTATION is a defined space or independent principal piece of equipment using
hazardous materials where a specific function, laboratory procedure or research activity
occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage
cabinets or gas cabinets serving a workstation are included as part of the workstation. A
workstation is allowed to contain ventilation equipment, fire protection devices, electrical
devices, and other processing and scientific equipment.
REASON FOR AMENDMENT: To maintain the definitions used to regulate Hazardous
Materials and Hazardous Materials Occupancies as used in the City's Hazardous Materials
Ordinance and to stay consistent with the agencies within Santa Clara County. This is also a
County-wide amendment.
(13) AMEND THE 2009 IFC/2010 CFC SECTION 316 BY ADDING SECTION NO. 316.6
TO READ IN ITS ENTIRETY AS FOLLOWS:
316.6 Roof Guardrails at Interior Courts. Roof openings into interior courts that are
bounded on all sides by building walls shall be protected with guardrails. The top of the
guardrail shall not be less than 42 inches in height above the adjacent roof surface that
can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch
diameter sphere cannot pass through.
Exception:
Where the roof opening is greater than 600 square feet in area.
REASON FOR AMENDMENT: This is a County-wide amendment recommended by the
Santa Clara County Fire Chiefs. This amendment is to protect emergency responders where
there are interior openings such as interior court yards and sky light openings that extend to the
roof. Guard rails will prevent frrefighters from falling from the building, especially at night.
ORDINANCE NO. 2010 -16
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The limitation of 600 sqft was intended to provide this protection for small openings that would
not necessarily be evident. Larger openings were assumed to be evident and/or known by
responders to be present.
(14) AMEND THE 2009 IFC/2010 CFC SECTION NO. 404.2 TO READ IN ITS
ENTIRETY AS FOLLOWS:
404.2 Where required. An approved frre safety and evacuation plan shall be prepared and
maintained for the following occupancies and buildings.
1. Group A buildings having an occupant load of 100 or more persons.
2. Group B buildings having an occupant load of 500 or more persons
3. Group E: See regulations in Title 19 California Code of Regulations ~3.13.
4. Group F buildings having an occupant load of 500 or more persons or more than 100
persons above or below the lowest level of exit discharge.
5. Group H.
6. Group I. See regulations in Title 19 California Code of Regulations ~3.09.
7. Group R-l. See regulations in Title 19 California Code of Regulations ~3.09.
8. Group R-2 college and university buildings.
9. Group R-4
10. High-rise buildings. See regulations in Title 19 California Code of Regulations ~3.09.
11. Group M buildings having an occupant load of 500 or more persons.
12. Covered mall buildings exceeding 50,000 sq. ft. (4645 m2) in aggregate floor area.
13. Underground buildings.
14. Buildings with an atrium and having occupancy in Group A, E or M Occupancies.
REASON FOR AMENDMENT: This is a county-wide amendment recommended by the
Santa Clara County Fire Chiefs to add citations referring to additional State Code requirements.
The amendment specifies the frequency for fire and evacuation drills to be consistent with the
current practice. In some cases it defers to the State Fire Marshal regulations
(15) AMEND THE 2009 IFC/2010 CFC SECTION NO. 404.3. TO READ IN ITS
ENTIRETY AS FOLLOWS:
404.3 Contents. Fire safety and evacuation plan contents be in accordance with
Sections 404.3.1 and 404.3.2 and other provisions as deemed necessary by the Fire Chief.
A map or diagram of the facility, building(s), and site or campus may be required that
includes preplan information for as requested for use by fire responders.
ORDINANCE NO. 2010 -16
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REASON FOR AMENDMENT: This is a Gilroy amendment that includes recommendations
by the Santa Clara County Fire Chiefs. The County Chiefs amendment allows for additional
information as required. The Gilroy amendment specifically calls out the need for maps or
diagrams to be used for fire responder preplanning, to be provided upon request of the Fire
Chief.
(16) AMEND THE 2009 IFC/2010 CFC TABLE 405.2 TO READ IN ITS ENTIRETY AS
FOLLOWS:
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR FREQUENCY PARTICIPATION
OCCUPANCY
Group A Quarterly Employees
Group Be Annually Employees
Group E Monthlya All Occupants
Group F Annually Employees
Group I See &3.09 Title 19. CCR
Group R-1 See ~3.09 Title 19. CCR
Group R_2d Two annually All occupants
Group R-4 Annually each shift Employeesb
High-rise buildingse See &3.09 Title 19. CCR
a. Also See ~3.13 Title 19, CCR.
b. Fire and evacuation drills in residential care assisted living facilities may be
exempted from complete evacuation of the premises in accordance with Section
408.10.5 when approved by the fire code official. Where occupants receive
habitation or rehabilitation training, fire prevention and fire safety practices shall
be included as part of the training program when practicable.
c. Group B buildings having an occupant load of 500 or more persons or 50 or more
employees of one company.
d. Applicable to Group R-2 college and university buildings only.
e. Applicable to high-rise office buildings only
REASON FOR AMENDMENT: This is a county-wide amendment recommended by the
Santa Clara County Fire Chiefs to add citations referring to additional State Code requirements.
The amendment specifies the frequency for fire and evacuation drills to be consistent with the
current practice. In some cases it defers to the State Fire Marshal regulations.
(17) DELETE FROM THE 2009 IFC/2010 CFC CHAPTER 4 THE FOLLOWING
SECTIONS IN THEIR ENTIRETY:
ORDINANCE NO. 2010 -16
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408.10.4 Drill frequency.
408.10.5 Resident participation.
REASON FOR AMENDMENT: This is a county-wide amendment recommended by the
Santa Clara County Fire Chiefs to be consistent with the State Fire Marshal regulations.
(18) AMEND THE 2009 IFC/2010 CFC SECTION 503.1.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
503.1.1 Building and Facilities. Approved frre apparatus access roads shall be provided
for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction. The fire apparatus access road shall comply with the
requirements of this section and shall extend within 150 feet (45,720 mm) of all portions
of the exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility. When a Fire Department access roads is
part of a public or private roadway it shall comply with Gilroy Street Standards as
approved by the City Engineer.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs, further modified to maintain the current standard used by Gilroy Fire
Department and Gilroy City Street Standards.
(19) AMEND THE 2009 IFC/2010 CFC SECTION 503.2.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm), and an unobstructed vertical clearance of 13 feet 6 inches
(4115 mm). Fire apparatus access road width may be increased to 26 ft in width and
maximum distance of 30 ft from Buildings when the building is greater than 3 stories
Exceptions:
1. When there are not more than two Group R, Division 3, or Group U occupancies, the
access road width may be modified by the fire code official.
2. When an approved security gate is installed in accordance with Section 503.6, the
gate may be less than 20 ft if approved by the fire code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs, further modified to maintain the current standard used by Gilroy Fire
Department and Gilroy City Street Standards.
(20) AMEND THE 2009 IFC/2010 CFC SECTION 503 TO ADD SECTION 503.7 TO
READ IN ITS ENTIRETY AS FOLLOWS:
ORDINANCE NO. 2010 -16
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503.7 Traffic Calming Devices. Traffic Calming Devices such as speed humps, traffic
circles or other physical measures intended to control vehicle speed on fire apparatus
access roads are prohibited unless approved by the fire code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment represents no change from the current standard used
by Gilroy in reviewing traffic calming methods
(21) AMEND THE 2009 IFC/2010 CFC SECTION 503.6 TO READ IN ITS ENTIRETY
AS FOLLOWS:
503.6 Security Gates. The installation of security gates across a fire apparatus access
road shall be approved by the fire chief. Where security gates are installed they shall
have an approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. When electronic gates are installed
across one or more of the fire access roadways they shall be provided with automatic
opening devices that can be activated by the fire department during a response to the
location. Electric gate operators, where provided shall be listed in accordance with UL
325. Gates intended for automatic operation shall be designed, constructed and installed
to comply with the requirements of ASTM 2200.
REASON FOR AMENDMENT: This is a Gilroy amendment continued from the last code
cycle and it is to maintain consistency with current Gilroy Fire Department Policies for use of
automatic opening devices for gates to new gated developments where response time is impeded
by lack of guard shacks/security staffing. The amendment represents no change from the
current standard used by Gilroy
(22) THE 2009 IFC/2010 CFC SECTION 504.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
504.3 Stairway access to roof. New multi story buildings shall provide roof access
from a protected stair well. Such stairwells shall be identified by signage that it goes to
the roof. Single story buildings may be required to have an exterior ladder when the Fire
Chief determines that fire access is needed. When solar panel systems are added to a roof
additional access may be required by the Chief. The number and location of roof access
stairwells and / or exterior ladders shall be determined by the Fire Chief. Access from
stairwells and exterior ladders may be protected from unauthorized access by locking
with either KNOX locks or providing a key in the building's KNOX box.
REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with the
current Gilroy Fire Department Policy for roof access. Roof access may not be possible using
current frre apparatus and/or building design. In such cases having an access way to the roof is
needed to allow for fire fighting operations. Addition of large solar arrays may limit the location
that Fire can access a commercial building roof top. Having an exterior ladder located to provide
safe access to the roof would ensure that Fire responders could gain safe access to the roof.
ORDINANCE NO. 2010 -16
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(23) ADD A NEW SECTION TO THE 2009 IFC/2010 CFC 504.4 TO READ IN ITS
ENTIRETY AS FOLLOWS:
504.4 Access Control Devices. When access control devices including bars, grates,
gates, electric or magnetic locks or similar devices, which would inhibit rapid fire
department emergency access to the building, are installed, such devices shall be
approved by the fire code official. All access control devices shall be provided with an
approved means for deactivation or unlocking by the fire department. Access control
devices shall also comply with Chapter 10 Egress.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. The amendment represents no change from the current standard used
by Gilroy for maintaining access to buildings that have security devices (bars etc) that impede
emergency access.
(24) AMEND THE 2009 IFC/2010 CFC SECTION 505.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
505.1 Premises Identification. New buildings shall have illuminated address numbers.
Address numbers shall be clearly visible from the street. Addressing shall be from the
street that the main entry faces and shall be visible from that street or driveway. lithe
building is recessed, obstructed or at an angle such that the front door is not visible from
the street, an additional address sign shall be provided that is visible from the street. All
main address numbers shall be a minimum of 6 inches in height with a 1/2 inch stroke
and placed to read from left to right and/or top to bottom, and located at least 60 inches
high from the ground. Address numbers shall be consistent with Gilroy standardized
addressing guidelines. When access doors and roadways are provided to both the front
and rear of a building, address numbers shall be provided on both sides of the building.
REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with
current Gilroy Security Ordinance for requiring illuminated addresses for new construction. The
amendment represents no change from the current standard used by Gilroy.
(25) AMEND THE 2009 IFC/2010 CFC BY ADDING SECTION 505.3 to read as follows:
505.3 Complex premises identification. When there are several multi-family units
within a development, or single family units do not face a street or where units have an
alley as the only driveable access (paseo frontage), an illuminated site diagram shall be
installed at each driveway entrance to the development that shows the location and
addresses of all units and the frre system device locations.
REASON FOR AMENDMENT: This is a Gilroy amendment to maintain consistency with
current Gilroy Security Ordinance for signage for complexes where addressing is confusing due
to building and/or street design. Alley type access developments have the units addressed from a
ORDINANCE NO. 2010 -16
17
street, but the alley is typically perpendicular to the street. This makes identification of the
address difficult without having a complex diagram. This amendment represents no change from
the current standard used by Gilroy.
(26) AMEND THE 2009 IFC/2010 CFC SECTION 507.4 TO READ IN ITS ENTIRETY
AS FOLLOWS:
507.4 Water supply test. The fire code official shall be notified for a water supply test.
Water supply tests shall be conducted or witnessed by the fire code official or approved
documentation shall be provided to the fire code official prior to final approval of the
water supply system.
REASON FOR AMENDMENT: The underlined text is added as a Gilroy amendment to
maintain consistency with current Gilroy policies and practices. The Fire Marshal's office has
the equipment and charges a fee to conduct water flow tests. Persons other than authorized city
staff are not to manipulate, tamper with or flow test city fire hydrants without being supervised
by city staff. The amendment represents no change from the current standard used by Gilroy.
(27) AMEND THE 2009 IFC/2010 CFC SECTION 507.5.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
507.5.1 Where required. Where a portion of the facility, building, or outdoor handling,
process or storage area requiring a permit, is hereafter constructed or moved into or
within the jurisdiction is more than 150 feet from a hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the facility, building or
outdoor storage area, on-site fire hydrants and mains shall be provided where required by
the fire code official.
Exceptions:
1. For Group R-3 occupancies in hillside areas, a warf (dry standpipe) hydrant
may be provided in lieu of a private hydrant if there is a public fire hydrant
within 50 ft of the home's driveway at street level.
2. The distance may be increased to 300 ft when all structures are provided with
automatic fire protection, all storage is a minimum of 20 ft or a distance twice
the storage height (whichever is greater) of materials from any exposures or
property lines that can be built upon, and a fire department access roadway is
provided around each building and storage area.
REASON FOR AMENDMENT: This amendment incorporates a County-wide amendment for
hydrant protection to combustible wood storage, and is to maintain the current City of Gilroy frre
hydrant placement standard. The "warf' type hydrant provides remote water supply without
burdening a homeowner with the installation and management of a private fire hydrant. The
amendment represents no change from the current standard used by Gilroy
ORDINANCE NO. 2010 -16
18
(28) AMEND THE 2009 IFC/2010 CFC SECTION 510.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
510.1 Emergency responder radio coverage in buildings. All buildings shall have approved
radio coverage for emergency responders within the building based upon the existing coverage
levels of the public safety communications system of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public safety
communications system. Emergency responder radio coverage systems shall be installed in
accordance with Section 510 and Appendix J.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs to maintain emergency responder radio communications. The
amendment clarifies that the system shall meet the requirements of Appendix J, which is also
adopted by reference. It also supplements the Gilroy Building Security Ordinance.
(29) AMEND THE 2009 IFC/2010 CFC SECTION 510 BY ADDING SECTION 510.1.1
TO READ IN ITS ENTIRETY AS FOLLOWS:
510.1.1 Obstruction by new buildings. When in the opinion of the fire code official, a
new structure obstructs the line of sight emergency radio communications to existing
buildings or to any other locations, the developer of the structure shall provide and install
the radio retransmission equipment necessary to restore communications capabilities. The
equipment shall be located in an approved space or area within the new structure.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs to maintain emergency responder radio communications. It also
supplements the Gilroy Building Security Ordinance.
(30) ADD TO THE 2009 IFC/2010 CFC SECTION 605.11 IN ITS ENTIRETY TO READ
AS FOLLOWS:
605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks,
vats and similar operations shall be provided with approved over-temperature controls
and low liquid level electrical disconnects. Manual reset of required protection devices
shall be provided.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standard required for immersion heaters.
Such heaters without emergency shut off were the cause of several fires prior to its original
adoption into the local codes over a decade ago.
(31) ADD TO THE 2009 IFC/2010 CFC SECTION 608.6.3 IN ITS ENTIRETY TO READ
AS FOLLOWS:
ORDINANCE NO. 2010 -16
19
608.6.3 Failure of Ventilation System. Failure of the ventilation system shall
automatically disengage the charging system.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current requirement that ventilation be maintained
where a battery charging system could be producing explosive hydrogen gas.
(32) AMEND THE 2009 IFC/2010 CFC SECTION NO. 806.1.1 IN ITS ENTIRETY TO
READ AS FOLLOWS:
806.1.1 Display inside buildings. The display of Christmas trees and other decorative
vegetation in new and existing buildings shall be in accordance with the California Code
of Regulations, Title 19, Division 1, ~3.08 and Sections 806.1 through 806.5.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It takes into account the State Fire Marshal requirements for display
of Christmas trees and allows for treated cut trees to be displayed in unsprinklered buildings.
(33) AMEND THE 2009 IFC/2010 CFC SECTION NO. 903.2 IN ITS ENTIRETY TO
READ AS FOLLOWS:
903.2 Where required. Approved automatic sprinkler systems, in new and existing buildings
and structures including covered parking and storage areas, are to be provided in the locations
described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more
restrictive.
For the purposes of this section, frrewalls used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and
structures. Exception: Other than residential occupancies, buildings and structures that
do not exceed 1,000 square feet of building area.
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures when alterations or repairs are made that create conditions described in
Sections 903.2.1 through 903.2.18.
3. An automatic sprinkler system shall be provided throughout existing buildings and
structures. Exception: One-time addition to an existing building that does not total more
than 1,000 square feet of building area.
5. An automatic sprinkler system shall be provided throughout all new basements regardless
of size and throughout existing basements that are expanded by more than 50%.
6. An automatic sprinkler system shall be provided when there is any change in the
character of occupancy or in the use of any existing building when the frre code official
determines the change would place the building into a more hazardous division of the
ORDINANCE NO. 2010 -16
20
same occupancy group, or into a different occupancy group, which constitutes a greater
life safety exposure or increased fire risk.
REASON FOR AMENDMENT: This is based on a county wide amendment recommended by
the Santa Clara County Fire Chiefs. Each city in Santa Clara County has included either their
prior threshold or the new lower thresholds for when automatic fire sprinklers are required in
new or existing commercial structures or exiting residential structures. This amendment
maintains the current 1,000 sq. ft. threshold used in Gilroy for new and expanded commercial
structures and additions to residential structures. The new state residential building code requires
all residential structures, regardless of size to be fire sprinklered, which will replace the current
residential threshold of 1,000 sqft in Gilroy.
(34) AMEND THE 2009 IFC/2010 CFC SECTION NO. 903.1.1 IN ITS ENTIRETY BY TO
READ AS FOLLOWS:
903.3.1.1 NFP A 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system in
accordance with this section, sprinklers shall be installed throughout in accordance with
NFPA 13 except as provided in Section 903.3.1.1.1 and local standards.
1. For new buildings having no designated use or tenant, the minimum sprinkler design
density shall be Ordinary Hazard Group 2.
(35) AMEND THE 2009 IFC/2010 CFC SECTION NO. 903.3.1.2 IN ITS ENTIRETY BY
TO READ AS FOLLOWS:
903.3.1.2 NFP A 13R sprinkler systems. Where allowed in buildings of Group R, up to and
including four stories in height, automatic sprinkler systems shall be installed throughout in
accordance with NFP A 13R and local standards.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for commercial frre sprinkler system
design throughout the County. This amendment maintains the current standard used in Gilroy.
(36) AMEND THE 2009 IFC12010 CFC SECTION NO. 903.3.1.3 IN ITS ENTIRETY BY
TO READ AS FOLLOWS:
903.3.1.3 NFP A 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one-and two-family dwellings and townhouses shall be installed throughout in
accordance with NFP A 13D and local standards.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs to provide a consistent standard for fire sprinkler system design
throughout the County for apartment, condominium and hotel structures.
ORDINANCE NO. 2010 -16
21
(37) AMEND THE 2009 IFC12010 CFC SECTION NO. 912.2 IN ITS ENTIRETY BY TO
READ AS FOLLOWS:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire
department connections shall be so located that frre apparatus and hose connected to supply
the system will not obstruct access to the building for other fire apparatus. The location of
frre department connections shall be approved by the fire code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs to standardize the location for the Fire Department Connections when
installed on fire sprinkler systems. This amendment maintains the current standard used in
Gilroy.
(38) ADD TO THE 2009 IFC/2010 CFC SECTION 1404.8 IN ITS ENTIRETY TO READ
AS FOLLOWS:
1404.8 Fire Walls. When firewalls are required, the wall construction shall be
completed (with all openings protected) immediately after the building is
sufficiently weather-protected at the location of the wall(s).
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment reflects the findings and standards created after the
disastrous Santana Row fire. This amendment will allow enforcement of having the frrewalls
completed as soon as possible to reduce fire losses in the even of a fire during construction. It
was this requirement that also mitigated the effects of an arson fire on a town home project that
had an arson attack in Gilroy. While the structure was not yet protected by fire sprinklers, the
frre walls were up and they kept the fire confined to one unit.
(39) AMEND THE 2009 IFC/2010 CFC SECTION 1411.1 IN ITS ENTIRETY TO READ
AS FOLLOWS:
[B] 1411.1 Stairways Required. Each level above the first story in new multi-story
buildings that require two exit stairways shall be provided with at least two usable exit
stairways after the floor decking is installed. The stairways shall be continuous and
discharge to grade level. Stairways serving more than two floor levels shall be enclosed
(with openings adequately protected) after exterior walls/windows are in place. Exit stairs
in new and in existing, occupied buildings shall be lighted and maintained clear of debris
and construction materials at all times.
Exception:
For new multi-story buildings, one of the required exit stairs may be obstructed on not
more than two contiguous floor levels for the purposes of stairway construction (i.e.,
installation of gypsum board, painting, flooring, etc.).
ORDINANCE NO. 2010 -16
22
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment reflects the findings and standards created after the
disastrous Santana Row fire. This amendment helps ensure that an adequate number of exits is
maintained during building construction. It does allow for occasional obstruction of one exit to
accommodate construction activities.
(40)ADD TO THE 2009 IFC/2010 CFC SECTION 1411.1.1 IN ITS ENTIRETY READ AS
FOLLOWS:
SECTION 1411.1.1 Required Means Of Egress. All new buildings under construction
shall have a least one unobstructed means of egress. All means of egress shall be
identified in the fire safety plan as required by the fire code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment reflects the findings and standards created after the
disastrous Santana Row frre. This amendment helps ensure that at least one exit is maintained
for construction personnel.
(41) AMEND THE 2009 IFC/2010 CFC SECTION 1413.1 IN ITS ENTIRETY TO READ
AS FOLLOWS:
1413.1 Where required. Buildings three or more stories in height shall be provided with
not less than one standpipe for use during construction. Such standpipe shall be provided
with fire department hose connections at accessible locations adjacent to usable stairs and
the standpipe outlets shall be located adjacent to such usable stairs. Such standpipe shall
be installed when the progress of constructions is not more than 40 feet (12 192 mm) in
height above the lowest level of fire department access. Such standpipe shall be extended
as construction progresses to within one floor of the highest point of construction having
secured decking or flooring.
REASON FOR AMENDMENT: This is a Gilroy amendment to maintain the current standard
that is required for new buildings of 3 or more stories. The International Fire Code only requires
a fire hose standpipe for 4 or more stories. A standpipe in one of the stairwells provides a hose
connection for quick fire attack and these are part of the fire sprinkler system riser and therefore
have minimal impact upon construction.
(42) ADD TO THE 2009 IFC/2010 CFC SECTION 1802 AMEND THE EXISTING
DEFINITION FOR CONTINUOUS GAS DETECTION TO READ IN ITS ENTIRETY
AS FOLLOWS:
CONTINUOUS GAS DETECTION SYSTEM. An approved gas detection system
where the analytical instrument is maintained in continuous operation and sampling is
performed without interruption. Analysis is allowed to be performed on a cyclical basis at
intervals not to exceed 30 minutes. In occupied areas where air is re-circulated and not
exhausted to a treatment system (e.g. breathing zone), the Chief may require a cyclical
basis at intervals not to exceed 5 minutes. The gas detection system shall be able to detect
ORDINANCE NO. 2010 -16
23
the presence of a gas at or below the permissible exposure limit in occupiable areas and at
or below ~ IDLH (or 0.05 LC 50 if no established IDLH) in unoccupiable areas.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for detection in
facilities with toxic gases.
(43) AMEND THE 2009 IFC/2010 CFC SECTION 2701.2.2.2 TO READ IN ITS
ENTIRETY AS FOLLOWS:
2701.2.2.2 Health Hazards. The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose
a physical hazard.
1. Highly toxic, toxic and moderately toxic.
2. Corrosive materials.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the the Santa
Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the
current standard used in Gilroy.
(44) AMEND THE 2009 IFC/2010 CFC SECTION 2702 TO ADD A DEFINITION AS
FOLLOWS:
SECONDARY CONTAINMENT. Secondary containment is that level of containment
that is external to and separate from primary containment and is capable of safely and
securely containing the material, without discharge, for a period of time reasonably
necessary to ensure detection and remedy of the primary containment failure.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the the Santa
Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the
current standard used in Gilroy.
(45) ADD TO THE 2009 IFC/2010 CFC SECTION 2701.1.2 TO READ AS FOLLOWS:
2701.1.2 Other Requirements. This chapter shall include those parts of Chapter 6.95
(commencing with Section 25500) and Chapter 6.7 (commencing with Section 25280) of
the Health and Safety code which impose additional requirements or are more restrictive.
Any person who violates Health and Safety Code SS 25507 shall be subject to the
penalties specified in Health and Safety Code SS 25515. The violation of any other
ORDINANCE NO. 2010 -16
24
Health and Safety Code Sections specified m this paragraph shall constitute a
misdemeanor.
REASON FOR AMENDMENT: This amendment incorporates the State Hazardous Materials
and Underground Tank Laws under Health and Safety Code that are implemented with the Fire
Code by the City's CUP A program.
(46) ADD TO THE 2009 IFC12010 CFC SECTION 2703.1.3.1 TO READ AS FOLLOWS:
2703.1.3.1 Toxic, Highly Toxic, Moderately Toxic gases and similarly used or
handled materials. The storage, use and handling of toxic, highly toxic and moderately
toxic gases in amounts exceeding Table 3704.2 or 3704.3 shall be in accordance with this
chapter and Chapter 37. Any toxic, highly toxic or moderately toxic material that is used
or handled as a gas or vapor shall be in accordance with the requirements for toxic,
highly toxic or moderately toxic gases.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the the Santa
Clara County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the
current standard used in Gilroy
(47) ADD TO THE 2009 IFC/2010 CFC SECTION 2703.1.5 TO READ AS FOLLOWS
2703.1.5 Secondary Containment Requirements. A containment system shall be
required for all hazardous materials, which are liquids or solids at normal temperature,
and pressure (NTP) where a spill is determined to be a plausible event and where such an
event would endanger people, property or the environment. Construction shall be
substantial, capable of safely and securely containing a sudden release without discharge.
Design criteria shall be performance oriented and constructed of physically and
chemically compatible materials to resist degradation and provide structural and
functional integrity for a period of time reasonably necessary to ensure detection,
mitigation, and repair of the primary system. Monitoring of secondary containment shall
be accordance with Section 2704.2.2.5.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(48) AMEND THE 2009 IFC/2010 CFC SECTION 2703.2.2.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
2703.2.2.1 Design And Construction. Piping, tubing, valves, fittings and related
components used for hazardous materials shall be in accordance with the following:
ORDINANCE NO. 2010 -16
25
1. Piping, tubing, valves, fittings and related components shall be designed and fabricated
from materials compatible with the material to be contained and shall be of adequate
strength and durability to withstand the pressure, structural and seismic stress, and exposure
to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and Santa Clara
County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and
Hazardous Waste to indicate the material conveyed.
3. Readily accessible manual valves or automatic remotely activated fail-safe emergency
shutoff valves shall be installed on supply piping and tubing at the following locations:
1. The point of use.
2. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff
valves shall be identified and the location shall be clearly visible accessible and indicated by
means of a sign.
5. Backflow prevention or check valves shall be provided when the backflow of hazardous
materials could create a hazardous condition or cause the unauthorized discharge of
hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFP A 704 are carried in pressurized piping above 15 pounds per square
inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff and
excess flow control shall be provided. Where the piping originates from within a hazardous
material storage room or area, the excess flow control shall be located within the storage
room or area. Where the piping originates from a bulk source, the excess flow control shall
be located as close to the bulk source as practical.
Exceptions:
2. Piping for inlet connections designed to prevent backflow.
3. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills shall be provided for piping
for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold
quantities listed in Tables 3704.2 and 3704.3. Secondary containment includes, but is not
limited to double walled piping.
Exceptions:
ORDINANCE NO. 2010 -16
26
1. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm
and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas
may be subjected to thermal expansion. Chambers shall be sized to provide protection for
piping and instrumentation and to accommodate the expansion of regulated materials.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(49) AMEND THE 2009 IFC/2010 CFC SECTION 2703.2.2.2 TO READ IN ITS
ENTIRETY AS FOLLOWS:
2703.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in
accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly
volatile corrosive liquids and gases shall have welded or brazed connections
throughout except for connections within an exhausted enclosure if the material is a
gas, or an approved method of drainage or containment is provided for connections
if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a
means of egress required to be enclosed in fire-resistance-rated construction or in
concealed spaces in areas not classified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of
corridors and the floor or roof above or in concealed space above other
occupancies when installed in accordance with Section 415.8.6.3 of the California
Building Code as required for Group H, Division 5 Occupancies.
3. Primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium
leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in
accordance with an approved, nationally recognized standard. Tests shall be
conducted by a qualified "third party" not involved with the construction of the piping
and control systems.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
ORDINANCE NO. 2010 -16
27
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(50) AMEND THE 2009 IFC/2010 CFC SECTION 2703.3.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
2703.3.1 Unauthorized Discharges. When hazardous materials are released in quantities
reportable under state, federal or local regulations or when there is a threatened release
that presents a threat to health, property or the environment, the frre code official shall be
notified immediately in an approved manner and the following procedures required in
accordance with Sections 2703.3.1.1 through 2703.3.1.4.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(51) ADD TO THE 2009 IFC/2010 CFC SECTION 2703.5.2 TO READ AS FOLLOWS
2703.5.2 Ventilation Ducting. Product conveying ducts for venting hazardous materials
operations shall be labeled with the hazard class of the material being vented and the
direction of flow.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(52) ADD TO THE 2009 IFC12010 CFC SECTION 2703.5.3 TO READ AS FOLLOWS:
2703.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to
be identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(53) AMEND THE 2009 IFC/2010 CFC SECTION 2703.9.8 TO READ IN ITS ENTIRETY
AS FOLLOWS:
2703.9.8 Separation of Incompatible Materials. Incompatible materials in storage
and storage of materials that are incompatible with materials in use shall be separated.
ORDINANCE NO. 2010 -16
28
When the stored materials are in containers having a capacity of more than 5 pounds (2
kg) or 0.5 gallon (2 L), separation shall be accomplished by:
1. Segregating incompatible materials in storage by a distance of not less than 20
feet (6096 mm) and in an independent containment system.
2. Isolating incompatible materials in storage by a noncombustible partition
extending not less than 18 inches (457 mm) above and to the sides of the stored
material.
3. Storing liquid and solid materials in hazardous material storage cabinets.
4. Storing compressed gases in gas cabinets or exhausted enclosures in accordance
with Sections 2703.8.5 and 2703.8.6. Materials that are incompatible shall not be
stored within the same cabinet or exhausted enclosure.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(54) AMEND THE 2009 IFC/2010 CFC SECTION 2703.9.10 TO READ IN ITS
ENTIRETY AS FOLLOWS:
2703.9.10 Fire Extinguishing Systems For Workstations Dispensing, Handling or
Using Hazardous Materials. Combustible and non-combustible workstations, which
dispense, handle or use hazardous materials, shall be protected by an approved automatic
fire extinguishing system in accordance with Section 1803.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets
that carry NSF/ANSI certification where quantities of flammable liquids in use or
storage within the cabinet do not exceed 500 ml.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(55) AMEND THE 2009 IFC/2010 CFC SECTION 2704.2.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
2704.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas
used for storage of hazardous material liquids shall be provided with spill control to
prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar
surfaces in outdoor locations shall be constructed to contain a spill from the largest single
vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
ORDINANCE NO. 2010 -16
29
2. Liquid-tight floors in indoor locations or similar areas provided with liquid-tight
raised or recessed sills or dikes.
3. Sumps and collection systems.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible with
the material stored. When liquid-tight sills or dikes are provided, they are not required at
perimeter openings having an open-grate trench across the opening that connects to an
approved collection system.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(56) AMEND THE 2009 IFC/2010 CFC SECTION 2704.2.2 TO READ IN ITS ENTIRETY
AS FOLLOWS:
2704.2.2 Secondary Containment for Hazardous Material Liquids and Solids. Buildings,
rooms or areas used for the storage of hazardous materials liquids or solids shall be provided
with secondary containment in accordance with this section.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(57) DELETE FROM THE 2009 IFC/2010 CFC Table 2704.2.2 IN ITS ENTIRETY
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This table is not needed and is superseded by the other amendments
proposed to keep the current standard used by the agencies in Santa Clara County.
(58) AMEND THE 2009 IFC/2010 CFC SECTION 2705.4.4 TO READ IN ITS ENTIRETY
AS FOLLOWS:
2705.4.4 Emergency Alarm. When hazardous materials having a hazard ranking of 3 or
4 in accordance with NFP A 704, or toxic gases exceeding 10 cu. ft. and any amount of
highly toxic compressed gases are transported through corridors or exit enclosures, there
shall be an emergency telephone system, a local manual alarm station or an approved
alarm-initiating device at not more than 150-foot (45,720 mm) intervals and at each exit
and exit-access doorway throughout the transport route. The signal shall be relayed to an
ORDINANCE NO. 2010 -16
30
approved central, proprietary or remote station service or constantly attended on-site
location and shall also initiate a local audible alarm.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy
(59) AMEND THE 2009 IFC/2010 CFC SECTION 3102 TO ADD A DEFINITION AS
FOLLOWS:
CORROSIVE LIQUID. Corrosive liquid is a liquid which, when in contact with living
tissue, will cause destruction or irreversible alteration of such tissue by chemical action.
Examples include acidic, alkaline or caustic materials. Such material will be considered
corrosive when the Ph is 2 or less or 12.5 or more, except for foodstuffs or medicine.
Included are Department of Transportation and Title 22, California Code of Regulations,
66261.22 classed corrosives.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It maintains the current standards adopted as part of the Santa Clara
County Hazardous Materials Ordinance and Toxic Gas Ordinance. It will maintain the current
standard used in Gilroy.
(60) AMEND THE 2009 IFC/2010 CFC SECTION 3301.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3301.1 Scope. For explosives requirements see Title 19 California Code of Regulations
Chapter 10 and Section 3301.1.1 of this Chapter. For fireworks requirements see Title 19
California Code of Regulations, Chapter 6, Section 3301.1.2 of this Chapter, and Gilroy City
Code Section lOA.
Exceptions:
1. The armed Forces ofthe United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The possession, storage and use of small arms ammunition when packaged m
accordance with DOT packaging requirements.
4. The use of explosive materials by federal, state and local regulatory, law enforcement
and frre agencies acting in their official capacities.
5. Items preempted by federal regulations.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is administrative in nature directing persons to
existing State Law as well as to the local restrictions for explosives and frreworks. It maintains
the current standards in Gilroy.
ORDINANCE NO. 2010 -16
31
(61) ADD THE 2009 IFC/2010 CFC SECTION 3301.1.1 TO READ IN ITS ENTIRETY AS
FOLLOWS:
3301.1.1. Explosives. The possession, manufacture, storage, sale, handling, and use of
explosives are prohibited.
Exceptions:
1. Possession, storage, handling and use of explosives for test and research purposes
are allowed with permit and approval of the fire code official.
2. Possession, storage, handling and use of squibs, explosive nuts or bolts and
similar small quantity explosive devices are allowed with permit and approval of
the fire code official.
3. Storage, Sale and Reloading of small arms ammunition in conformance with the
requirements of Title 19 and with a permit and approval of the frre code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is administrative in nature directing persons to
existing State Law as well as to the local restrictions for explosives and fireworks. It also
includes a Gilroy amendment to allow for small arms ammunition sales, storage, and reloading.
(62) ADD TO THE 2009 IFC/2010 CFC SECTION 3301.1.2 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3301.1.2 Fireworks. The possession, manufacture, storage, sale, handling, and use of
fireworks, including those fireworks classified as Safe and Sane by the California State
Fire Marshal, are prohibited.
Exceptions:
1. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture,
television, theatrical and group entertainment productions when handled and used by
a licensed pyrotechnic operator in accordance with Title 19 of the California Code of
Regulations and permitted in accordance with this Chapter.
2. Storage, handling and use of pyrotechnic special effects frreworks inside of buildings,
equipped throughout with an approved fire sprinkler system, when used for proximate
audience displays or special effects in theatrical, television, motion picture and group
entertainment productions and when handled and used by a licensed pyrotechnic
operator in accordance with Title 19 of the California Code of Regulations and
permitted in accordance with this Chapter.
3. The sale and use of Safe and Sane Fireworks pursuant to Gilroy City Code Section
1O.A.
ORDINANCE NO. 2010 -16
32
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is administrative in nature directing persons to
existing State Law as well as to the local restrictions for fireworks. It maintains the current
standards in Gilroy, which allows for safe and sane fireworks to be stored, used and sold during
the 4th of July and in conformance to Chapter lOA of the Gilroy City Code.
(63) ADD TO THE 2009 IFC/2010 CFC SECTION 3301.1.3 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3301.1.3 Rocketry. The storage, handling, and use of model rockets shall be in
accordance with Title 19 of the California Code of Regulations and as approved by the
Fire code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. This amendment is administrative in nature directing persons to
existing State Law as well as to the local restrictions for explosives and fireworks. It maintains
the current standards in Gilroy.
(64) ADD THE 2009 IFC12010 CFC SECTION 3404.2.7.5.8 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3404.2.7.5.8 Overfill Prevention. An approved means or method in accordance with
Section 3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IlIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 3406.4 or 3406.7 shall have overfill protection in accordance with API 2350.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It eliminates an exemption for certain aboveground petroleum tanks.
It maintains the current standard used in Gilroy.
(65) ADD TO THE 2009 IFC/2010 CFC SECTION 3404.2.7.5.9 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3404.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire
code official that sends an alarm signal to a constantly attended location and immediately
stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an
annual basis and records of such testing shall be maintained on-site for a period of five
(5) years.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It is based on several accidents that occurred resulting in petroleum
going into the storm drain. It requires that an alarm sound and automatic shut off to occur when
automatic tank filling procedures are used.
ORDINANCE NO. 2010 -16
33
(66) ADD TO THE 2009 IFC/2010 CFC SECTION 3701.3 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3701.3 Moderately Toxic Gases With A LC50 Equal To Or Less Than 3000 Parts
Per Million. Notwithstanding the hazard class definition in Section 3702, moderately
toxic gases with an LC50 less than 3000 parts per million shall additionally comply with
the requirements for toxic gases in Section 3704 of this code.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(67) AMEND THE 2009 IFC/2010 CFC SECTION 3702 TO ADD A DEFINITION AS
FOLLOWS:
MODERA TEL Y TOXIC GAS. Moderately toxic gas is a chemical or substance that
has a median lethal concentration (LC50) in air more than 2000 parts per million but not
more than 5000 parts per million by volume of gas or vapor, when administered by
continuous inhalation for an hour, or less if death occurs within one hour, to albino rats
weighing between 200 and 300 grams each.
Maximum Threshold Quantity (Max TQ) is the maximum quantity of a moderately toxic
or toxic gas, which may be stored in a single vessel before a more stringent category of
regulation is applied. The following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases
(68) AMEND THE 2009 IFC/2010 CFC SECTION 3704.1.4 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.4 Automatic Shut-Off Valve. An automatic shut-off valve, which is ofa fail-safe
to close design, shall be provided to shut off the supply of highly toxic gases for any of
the following:
1. Activation of a manual frre alarm system.
2. Activation of the gas detection system.
3. Failure of emergency power.
4. Failure of primary containment.
5. Seismic activity.
ORDINANCE NO. 2010 -16
34
6. Failure of required ventilation.
7. Manual activation at an approved remote location.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(69) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.5 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.1.5 Emergency Control Station. Signals from emergency equipment used for
highly toxic gases shall be transmitted to an emergency control station or other approved
monitoring station, which is continually staffed by trained personnel.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(70) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.6TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.1.6 Maximum Threshold Quantity. Toxic gases stored or used in quantities
exceeding the maximum threshold quantity in a single vessel per control area or outdoor
control area shall comply with the additional requirements for highly toxic gases of
Section 3704 of this code. Moderately toxic gases stored or used in quantities exceeding
the maximum threshold quantity in a single vessel per control area or outdoor control
area shall comply with the additional requirements for toxic gases of Section 3704 of this
code.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(71) ADD TO THE 2009 IFC12010 CFC SECTION 3704.1.7 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.1.7 Reduced Flow Valve. All containers of materials other than lecture bottles
containing Highly Toxic material and having a vapor pressure exceeding 29 psia shall be
equipped with a reduced flow valve when available. If a reduced flow valve is not
available, the container shall be used with a flow-limiting device. All flow limiting
devices shall be part of the valve assembly and visible to the eye when possible;
otherwise, they shall be installed as close as possible to the cylinder source.
ORDINANCE NO. 2010 -16
35
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(72) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.8 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.1.8 Annual Maintenance. All safety control systems at a facility shall be
maintained in good working condition and tested not less frequently than annually.
Maintenance and testing shall be performed by persons qualified to perform the
maintenance and tests. Maintenance records and certifications shall be available to any
representative of the Fire Department for inspection upon request.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(73) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.9 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.1.9 Fire Extinguishing Systems. Buildings and covered exterior areas for storage
and use of materials regulated by this Chapter shall be protected by an automatic fire
sprinkler system in accordance with NFPA 13. The design of the sprinkler system for
any room or area where higWy toxic, toxic and moderately toxic gases are stored, handled
or used shall be in accordance with Section 2704.5.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(74) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.10 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.10 Local Gas Shut Off. Manual activation controls shall be provided at locations
near the point of use and near the source, as approved by the fire code official. The fire
code official may require additional controls at other places, including, but not limited to,
the entry to the building, storage or use areas, and emergency control stations. Manual
activated shut-off valves shall be of a fail-safe-to-close design.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
ORDINANCE NO. 2010 -16
36
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases
(75) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.11 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.11 Exhaust Ventilation Monitoring. For highly toxic gases and toxic gases
exceeding threshold quantities, a continuous monitoring system shall be provided to
assure that the required exhaust ventilation rate is maintained. The monitoring system
shall initiate a local alarm. The alarm shall be both visual and audible and shall be
designed to provide warning both inside and outside of the interior storage, use, or
handling area.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions ofthe county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(76) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.12 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.12 Emergency Response Plan. If the preparation of an emergency response plan
for the facility is not required by any other law, responsible persons shall prepare, or
cause to be prepared, and filed with the fire code official, a written emergency response
plan. If the preparation of an emergency response plan is required by other law, a
responsible person shall file a copy of the plan with the fire code official.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(77) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.13 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.13 Emergency Response Team. Responsible persons shall be designated the on-
site emergency response team and trained to be liaison personnel for the Fire Department.
These persons shall aid the Fire Department in preplanning emergency responses,
identifying locations where regulated materials are stored, handled and used, and be
familiar with the chemical nature of such material. An adequate number of personnel for
each work shift shall be designated.
ORDINANCE NO. 2010 -16
37
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(78) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.14 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.14 Emergency Drills.Emergency drills of the on-site emergency response team
shall be conducted on a regular basis but not less than once every three months. Records
of drills conducted shall be maintained.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(79) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.15 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.15 Cylinder Leak Testing. Cylinders shall be tested for leaks immediately
upon delivery and again immediately prior to departure. Testing shall be approved by the
fire code official in accordance with appropriate nationally recognized industry standards
and practices, if any. Appropriate remedial action shall be immediately undertaken when
leaks are detected.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(80) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.16 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.16 Inert Gas Purge System. Gas systems shall be provided with dedicated inert
gas purge systems. A dedicated inert gas purge system may be used to purge more than one gas,
provided the gases are compatible. Purge gas systems shall be located in an approved gas
cabinet unless the system operates by vacuum demand.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the currently adopted standard.
ORDINANCE NO. 2010 -16
38
(81) ADD TO THE 2009 IFC/2010 CFC SECTION 3704.1.17 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.1.17 Seismic Shutoff Valve. An automatic seismic shut-off valve, which is of a
fail-safe to close design, shall be provided to shutoff the supply of highly toxic, toxic and
moderately toxic gases with an LCso less than 3000 parts per million.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(82) AMEND THE 2009 IFC/2010 CFC SECTION 3704.2 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.2 Indoor Storage and Use. The indoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 3704.2.1
through 3704.2.2.10.3.3. The threshold quantity for highly toxic, toxic and moderately
toxic gases for indoor storage and use are set forth in Table 3704.2.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(83) ADD TO THE 2009 IFC/2010 CFC Table 3704.2 TO READ IN ITS ENTIRETY AS
FOLLOWS:
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases
for Indoor Stora2e and Use
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases
(84) AMEND SECTION 3704.2.1 TO READ IN ITS ENTIRETY AS FOLLOWS:
ORDINANCE NO. 2010 -16
39
3704.2.1 Applicability. The applicability of regulations governing the indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in
Sections 3704.2.1.1 through 3704.2.1.3.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(85) AMEND THE 2009 IFC/2010 CFC SECTION 3704.2.1.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.2.1.1 Quantities Not Exceeding the Maximum Allowable Quantity per Control
Area. The indoor storage or use of highly toxic, toxic and moderately toxic gases in
amounts exceeding the threshold quantity per control area set forth in Table 3704.2 shall
be in accordance with Sections 2701, 2703, 3701, 3704.1 and 3704.2,
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(86) AMEND THE 2009 IFC/2010 CFC SECTION 3704.2.2 1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.2.2 General indoor requirements. The general requirements applicable to the
indoor storage and use of highly toxic and toxic compressed gases shall be in accordance
with Sections 3704.2.2.1 through 3704.2.2.10.3.
Moderately toxic gases with an LCso less than 3000 parts per million shall comply with
the requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.10.3
All other moderately toxic gases exceeding the threshold quantity shall comply with the
requirements for toxic gases in Sections 3704.2.2.1 through 3704.2.2.7.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(87) AMEND THE 2009 IFC/2010 CFC SECTION 3704.2.2.7 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.2.2.7 Treatment Systems. The exhaust ventilation from gas cabinets, exhausted
enclosures, gas rooms and local exhaust systems required in Section 3704.2.2.4 and
3704.2.2.5 shall be directed to a treatment system. The treatment system shall be utilized
ORDINANCE NO. 2010 -16
40
to handle the accidental release of gas and to process exhaust ventilation. The treatment
system shall be designed in accordance with Sections 3704.2.2.7.1 through 3704.2.2.7.5
and Section 505 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic and moderately toxic gases storage. A treatment system is not
required for cylinders, containers and tanks in storage when all of the following are
provided:
1.1. Valve outlets are equipped with gas-tight outlet plug or caps.
1.2. Hand wheel-operated valves have handles secured to prevent movement.
1.3. Approved containment vessels or containment systems are provided m
accordance with Section 3704.2.2.3.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(88) AMEND THE 2009 IFC/2010 CFC SECTION 3704.2.2.10.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to a constantly attended control station when a short-term hazard condition is
detected. The alarm shall be both visual and audible and shall provide warning both
inside and outside the area where the gas is detected. The audible alarm shall be distinct
from all other alarms.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(89) AMEND THE 2009 IFC/2010 CFC SECTION 3704.3 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.3 Outdoor Storage and Use. The outdoor storage or use of highly toxic, toxic and
moderately toxic compressed gases shall be in accordance with Sections 3704.3.1
through 3704.3.4. The threshold quantity for highly toxic, toxic and moderately toxic
gases for outdoor storage and use are set forth in Table 3704.3.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
ORDINANCE NO. 2010 -16
41
(90) ADD TO THE 2009 IFC/2010 CFC TABLE 3704.3 TO READ IN ITS ENTIRETY AS
FOLLOWS:
Table 3704.3
Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for
Outdoor Stora2e and Use
Highly Toxic 0
Toxic 10 cubic feet
Moderately Toxic 20 cubic feet
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(91) AMEND THE 2009 IFC/2010 CFC SECTION 3704.3.1 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.3.1 Applicability. The applicability of regulations governing the outdoor storage
and use ofhigWy toxic, toxic, and moderately toxic compressed gases shall be as set forth
in Sections 3704.3.1.1 through 3704.3.1.3.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(92) AMEND THE 2009 IFC/2010 CFC SECTION 3704.3.1.1 TO READ IN ITS
ENTIRETY AS FOLLOWS:
3704.3.1.1 Quantities Not Exceeding The Maximum Allowable Quantity Per Control
Area. The outdoor storage or use of highly toxic and toxic gases in amounts exceeding
the threshold quantity per control area set forth in Table 3704.3 shall be in accordance
with Sections 2701, 2703, 3701, 3704.1, and 3704.3.
Moderately toxic gases with an LC50 less than 3000 parts per million in amounts
exceeding the threshold quantity in Table 3704.3 shall comply with the requirements for
toxic gases in Sections 2701, 2703, 3701, 3704.1 and 3704.3.
Moderately toxic gases in amounts exceeding the threshold quantity in Table 3704.3 shall
comply with the requirements for toxic gases in Sections 2701, 2703, 3701, 3704.1 and
3704.3.2.1 through 3704.3.2.5.
ORDINANCE NO. 2010 -16
42
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
(93) AMEND THE 2009 IFC/2010 CFC SECTION 3704.3.3 TO READ IN ITS ENTIRETY
AS FOLLOWS:
3704.3.30utdoor storage weather protection for portable tanks and cylinders.
Weather protection in accordance with Section 2704.13 and this section shall be provided
for portable tanks and cylinders located outdoors and not within gas cabinets or
exhausted enclosures. The storage area shall be equipped with an approved automatic
sprinkler system in accordance with Section 2704.5.
REASON FOR AMENDMENT: This is a county wide amendment recommended by the Santa
Clara County Fire Chiefs. It brings to the Fire Code the original provisions of the county wide
Toxic Gas Ordinance. This amendment carries over the current standard for facilities with toxic
gases.
SECTION IV
Pursuant to California Health and Safety Code Sections 17958.7 and 18941.5, the City Council
of the City of Gilroy fmds that each of the modifications, additions and changes to the
aforementioned California Fire Code set forth in Section III of this Ordinance are reasonably
necessary because of local climatic, geological or topographical conditions, or to impose proper
more stringent standards for fire and panic safety. A copy of these findings, together with the
modification or changes expressly marked and identified to which each finding refers, shall be
filed by the City Clerk with the California Building Standards Commission. Specifically, the
City Council finds:
(1) Climatic Findings. The precipitation averages 13.86 inches per year. Approximately
90% of the precipitation falls during the months of November through April, and 10%
from May through October. Relative humidity drops to 20 or lower during the dry
months (summer). Temperatures have been recorded as high as 108 degrees Fahrenheit.
This area has been subject to drought. It is anticipated that drought conditions will
continue to occur in the future. Such conditions allow natural vegetation and outdoor
combustible materials to be in a dry state for a large portion of the year, making them
ORDINANCE NO. 2010 -16
43
more susceptible to ignition and rapid burning. These conditions combined create high
fire danger during the summer and fall months.
(2) Geological Findings. The region is located in an area of high seismic activities as
indicated by United States Geological Survey and California Division of Mines and
Geology. Recent earthquake activities have indicated the lack of adequate design and
detailing as a contributing factor to damages that reduced the protection of the life-safety
of building occupants. This is especially critical in the facilities housing hazardous
materials or occupancies requiring safe and quick evacuation in order to get to a safe
location. Early warning of fire, early fire suppression and control of spread are
important.
(3) Topographical Findings. A major rail corridor through the central portion of town
divides the City. There are no overpasses available within the City boundaries. This can
impair response and can serve to isolate the City's Fire Response capability. A major
highway also divides the City. There are portions of the City where there is only one
overpass to access a substantial geographical area. There are no alternate routes within
City boundaries; and
The highway is also part of a major truck transportation route. If an accident, or
earthquake makes the overpass un-crossable this will isolate the area and impact response
times; and The City has a substantial industrial area within a flood plain. Flooding in the
area would isolate the area from the City's Fire Response capability; and
The City has areas that are within hillside and open spaces defined as State
Response Areas. The grade and narrow and/or lack of roadways impair the Fire
Response to these areas. The presence of large areas of natural vegetation that is dry and
highly ignitable during the dry and hot summer and fall months can create increase fire
responses and impair fire response to other incidents. Water flow in the hillside areas is
impacted as fire flows fall below 1500 gpm; and
The City is a great distance from any large metropolitan area. Response times
from the nearest metropolitan fire department is a minimum of half an hour and during
traffic periods in excess of 45 minutes. This serves to further isolate the City and impair
Fire Response as there are fewer fire responders in the immediate area. Information on
the nature of an incident in a timely manner is of greater importance than in a
metropolitan area where a first alarm sends more personnel than the entire on-duty
staffing of the Gilroy Fire Department. Measures which provide early fire detection,
suppression and prevention of fire spread are warranted based on these findings.
(4) Fire and Panic Safety Findings - Hazardous Materials. Hazardous Materials use,
handling and storage present unique emergency response requirements. The Gilroy Fire
Department does not have its own hazardous materials team and the nearest mutual aid
team is in excess of 45 minutes response time; and
The City of Gilroy relies solely on ground water for water supply and much of the
area of Gilroy is in a recharge area. Hazardous Materials Spills can threaten that supply
and additional measures are needed to ensure that these materials do not threaten that
supply; and
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44
Because Gilroy is remote from the main metropolitan areas, there are fewer
ambulance and hospital services available to provide for large numbers of persons with
injuries. Hazardous Materials and other intensive industrial uses place a competing
burden on the delivery of fire services. Hazardous Material and/or facilities using,
storing hazardous materials require additional controls to ensure that such hazards can be
controlled; and
(5) Fire and Panic Safety Findings - Automatic Fire Sprinklers. The City's water
system is reliable and capable of providing adequate pressures and reliability to allow the
use of automatic fire sprinkler systems to be economical and practical to be included in
all new construction. While threats from fires and other disasters can cause the
availability for the suppression of fires using standard hose operations. The City's
demographics, including but not limited to older residents, residential care homes, home
occupations also make quick and effective fire extinguishment in these buildings a public
panic and life safety interest.
SECTION V
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this Ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
SECTION VI
This Ordinance shall be in full force and effect thirty (30) days after its passage and
adoption.
The Codes and amendments to the Codes adopted hereunder shall take effect on January
1,2011.
ORDINANCE NO. 2010 -16
45
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF GILROY this 15th
day of November, 2010 by the following vote:
AYES: COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, TUCKER,
WOODWARD and PINHEIRO
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: BRACCO
APPROVED:
~
ORDINANCE NO. 2010 -16
I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2010-16 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 15th day of November, 2010, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 16th day of November, 2010.
(Seal)